IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20150000014
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests her 3 September 2014 U.S. Army Reserve (USAR) reenlistment be voided.
2. The applicant states she was unaware that she was not eligible for the bonus when she reenlisted. She was still serving her statutory obligation and it was not mandatory for her to reenlist. Because there was a bonus control number she thought she would receive a bonus. Subsequent to her reenlistment it was determined that she was an unsatisfactory participant and therefore ineligible to reenlist for the bonus.
3. The applicant provides her personal 5 October 2014 statement, her DD Form 4/1 (Enlistment/Reenlistment Document), Statement of Understanding-The Montgomery GI Bill Selected Reserve, Selected Reserve Incentive Program-Enlistment Bonus Addendum, her DA Form 4/2 Certification and Acceptance, her DA Form 3640 Annex A, and USAR Reenlistment Bonus Written Agreement (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment.)
CONSIDERATION OF EVIDENCE:
1. On 12 August 2008, the applicant enlisted in the USAR and incurred an
8-year obligation with a 6-year commitment for active participation in a troop program unit.
2. She completed basic and advanced individual training and progressed to pay grade E-4.
3. On 3 September 2014, she reenlisted for 6 years to continue her membership in the USAR. The USAR Reenlistment Bonus Written Agreement contained, in Section III Acknowledgement, item 6 the following statement, I have been a satisfactory participant in the Selected Reserve unit for the 3 months preceding this reenlistment by attending all scheduled assemblies and satisfactorily completing the entire period of annual training, unless excused by competent authority.
4. During the processing of this case a 12 March 2015 Memorandum for the Board was obtained from the Office of the Deputy Chief of Staff (G-1). The Reserve Incentives Program Manager observed that:
a. the applicant was determined to be an unsatisfactory participant and therefore ineligible for a reenlistment bonus;
b. despite the fact that she knew or should have known that she was a unsatisfactory participant she signed the reenlistment agreement claiming that she was a satisfactory participant; and
c. the request to void the contract should be denied because no evidence was available to show that the applicants unit had addressed the issue or the possibility that she had been mistakenly identified as an unsatisfactory participant.
5. The advisory opinion was provided to the applicant for comment or rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that because she was determined to be an unsatisfactory participant she was ineligible for a bonus and asks that her reenlistment be voided.
2. Office of the Deputy Chief of Staff (COS) determined she was unsatisfactory participant. She provides no evidence to say otherwise.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X`______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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